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West Virginia Complaint For Declaratory Judgment for Return of Improperly Waived Insurance Premiums
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FAQ
An open policy is one in which the value of the thing insured is not agreed upon, but is left to be ascertained in case of loss. Sec. 61. A valued policy is one which expresses on its face an agreement that the thing insured shall be valued at a specific sum.
For example, a company might agree to insure a building at a value of $1 million. The insurer then determines that the building's actual cash value is only $800,000 after it's been destroyed by a fire.
- A party defending against a claim may pay into court by depositing with the clerk a sum of money on account of what is claimed, or by way of compensation or amends, and plead that the party is not indebted to any greater amount to the party making the claim or that the party making the claim has not suffered greater ...
The Purpose of Valued Policy Laws In general, valued policy laws state that, in case of total loss to an insured building by a specific peril, the amount stated in the policy declarations is considered the value of the structure at the time of loss and is payable in full.
Valued policy law (VPL) is a legal statute that requires insurance companies to pay the full value of a policy to the insured in the event of a total loss. Valued policy law does not consider the actual cash value of the insured property at the time of the loss; instead, the law mandates total payment.
One historical tidbit about West Virginia?the state was formed during the American Civil War when it seceded from Virginia. I do not remember that from history class. West Virginia has a ?valued policy? statute which requires insurance companies to pay the full value of the policy in the event of a total loss.